CIT Grants Importers' Bids to Toss 6 Customs Suits

The Court of International Trade on Nov. 22 and Nov. 28 granted voluntary motions to dismiss six customs cases. One case, brought by importer POSCO International America Corp., challenged CBP's denial of its protest claiming an error in how the agency appraised and liquidated one of its entries (POSCO International America Corp. v. U.S., CIT # 21-00421).

General Cable Industries, which filed two of six dismissed suits, challenged the denial of its protests claiming its aluminum cable of Harmonized Tariff Schedule subheading 9903.85.0300 was illegally assessed Section 232 duties (General Cable Industries v. U.S., CIT # 22-00150, 23-00008). The importer said the duties were made void following the trade court's ruling in PrimeSource Building Products v. U.S., in which the court said President Donald Trump violated procedural requirements in expanding the duties onto steel and aluminum derivative products. General Cable dropped its cases after the U.S. Court of Appeals for the Federal Circuit reversed CIT's ruling, and the U.S. Supreme Court declined to review the decision (see 2310300020).

The other three dismissed cases came from importer New Image Global, which challenged CBP's denial of its protests regarding the weight and internal revenue tax assessed on its cigar wraps. The lawsuits were stayed pending a test case in which the Federal Circuit sustained CBP's method for weighing the wraps (see 2205060029) (New Image Global v. U.S., CIT #s 14-00271, 15-00316, 16-00016). ​​​​​​